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| Copyright infringement question... - Page 3 | |
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| Posted: Sun Jul 8th, 2012 10:23 |
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21st Post |
Squarerigger
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Just thinking out loud here. There are several ways of trying to get even for the infraction. I agree unless you have registered your copyright, you are on less than firm ground. On the bright side, the law Robert quotes is open to a lot of interpretation. One has to prove harassment, etc. Very subjective! Anyway, and I can only speak to my little area of the country as we are dealing with local, state, and federal laws. There is small claims court where you can represent yourself and claim unauthorized use of property for gain. Dealing in civil court requires far less of a burden of proof than criminal. Bring in your data as to ownership of the pictures and let the other party try to prove the photos are theirs. I would let the local media know that there is an interesting case in court that date and they should attend as it would be a public service about a less than honest company. If you are just vindictive, as I can be  , just about every newspaper in my area has reporters waiting to help out the small guy in the streets. Give them the info about your photos and how this company is stealing your photos for their own gain and unwilling to acknowledge that they were yours or you had any right to compensation. If they are doing this to you, chances are it's more wide spread. Let that get out and they will have a hard time gaining clients in the future.You can also write a letter to the editor of the local papers and put the facts out in print abut the company. They would have to either hire an attorney to sue you or write in an explanation themselves. Happens all the time, it's called freedom of speech. If you have the facts to back up your side of the argument, you are on solid ground. If they are wrong, the less time in the press the better. Make sure you attempt one, and only one time, to rectify the wrong. You should use registered return receipt mail and have all copies notarized, free at most banks. You are the wronged party and need to act like one. Get all emotional and things go south. Just my thoughts, not having 98 percent of the evidence.
____________________ -------------------------------------------- Gary |
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| Posted: Sun Jul 8th, 2012 10:27 |
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22nd Post |
Robert
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Sounds very sensible Gary.
____________________ Robert. |
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| Posted: Sun Jul 8th, 2012 13:12 |
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23rd Post |
jk
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Yes, I'd say that sounds like a fair approach. Also as you are not doing the publishing unless you tell lies then it would be the newspaper that gets any problems.
____________________ Still learning after all these years! https://nikondslr.uk/gallery_view.php?user=2&folderid=none |
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| Posted: Sun Jul 8th, 2012 13:50 |
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24th Post |
Eric
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Robert wrote:Eric, that is illegal in the UK. A criminal offence; section 40,1,a of the administration of justice act 1970 I think from memory... Amazing! Yes, I was right. Interesting. I guess in hindsight he should have just pulled the homepage and let the company suffer sales loss due to a 'technical breakdown'. I had one small company, who was owed money by another bigger company, present them with winding up papers ( effectively declaring them bankrupt) ....that worked quickly too! Lack of knowledge is a wonderful thing. 
____________________ Eric |
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| Posted: Sun Jul 8th, 2012 14:02 |
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25th Post |
Eric
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Squarerigger wrote:Just thinking out loud here. There are several ways of trying to get even for the infraction. I agree that a small claims approach would be a sensible route. This action alone introduces the 'stigma' I mentioned ..because having CCJs against you can impede your business operations. A letter to an editor and copied to the perpetrator may also be sufficient stimulus. Failing that you get Steve Sullivans cousins to make a house call. Speaking of which....where is Steve? And what has Andy decided to do about this problem, while we carry on debating?
____________________ Eric |
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| Posted: Sun Jul 8th, 2012 14:13 |
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26th Post |
Squarerigger
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I was not going to bring up the "hands on" approach Eric, but sometimes a well placed 2x4 as the guilty party rounds the corner can be very attention getting.
____________________ -------------------------------------------- Gary |
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| Posted: Sun Jul 8th, 2012 14:15 |
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27th Post |
jk
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Gary, I cant believe you said that. I'm more in favour of the piano wire 
____________________ Still learning after all these years! https://nikondslr.uk/gallery_view.php?user=2&folderid=none |
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| Posted: Sun Jul 8th, 2012 14:24 |
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28th Post |
Squarerigger
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You are correct Jonathan, one should not take the law into his own hands - so to speak 
____________________ -------------------------------------------- Gary |
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| Posted: Mon Jul 9th, 2012 02:05 |
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29th Post |
Eric
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Squarerigger wrote: I was not going to bring up the "hands on" approach Eric, but sometimes a well placed 2x4 as the guilty party rounds the corner can be very attention getting. Not saying a word. 
____________________ Eric |
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| Posted: Mon Jul 9th, 2012 10:00 |
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30th Post |
iPlaid
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Yes - sorry, I've been working the past few days and haven't had any time to read or reply! But yes, I do agree - it is my work and there should be some sort of compensation. He was advertising his business with my work - that is costing ME business as I am a pro with my own successful event photography business (weddings, equestrian events and sometimes even at the same time!). He's got a fairly large business and there is no doubt in my mind that he knows the consequenses of using someone else's work. I will go after him, but as I stated, only after my brother receives his photos from the wedding. I don't want to jeopardize those images for him.
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